Kerala High Court
Simmy K K vs The State Of Kerala on 2 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 37508 OF 2024
PETITIONER/S:
SIMMY K K
AGED 55 YEARS
W/O JOSEPH PAUL, HST (PHYSICAL SCIENCE), KALLADI HIGH
SCHOOL, KUMARAMPUTHUR, MANNARKAD, PALAKKAD DISTRICT
– 678583 (RESIDING AT KUZHIKKATTIL, KOTTOPADAM,
PALAKKAD DISTRICT), PIN - 678583
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
KUNATHURMEDU, PALAKKAD DISTRICT, PIN - 678001
4 THE DISTRICT EDUCATIONAL OFFICER
MANNARKAD, PALAKKAD DISTRICT, PIN - 678582
5 THE MANAGER
KALLADI HIGH SCHOOL, KUMARAMPUTHUR, MANNARKAD, PALAKKAD
DISTRICT, PIN - 678583
6 THE HEADMASTER
KALLADI HIGH SCHOOL, KUMARAMPUTHUR, MANNARKAD, PALAKKAD
DISTRICT, PIN - 678583
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WP(C) NO. 37508 OF 2024
2
7 SRI.K.MUHAMMEDALI
HSA(PHYSICAL SCIENCE) ON DEPUTATION @ BRC,
MANNARKAD, PALAKKAD DISTRICT, PIN - 678583
OTHER PRESENT:
Adv. Venugopal.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 37508 OF 2024
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JUDGMENT
The petitioner is presently working as
HST (physical science) in the school managed by
the 5th respondent. The grievance of the
petitioner is that the 7th respondent herein,
who is a senior teacher on deputation, is now
being repatriated to the school. Therefore,
the petitioner is likely to be deployed to
accommodate the 7th respondent.
2. The case of the petitioner is that the
proposed deployment of the petitioner is not at
all necessary, in view of the fact that, in the
staff fixation order for the academic year, an
additional vacancy has been recommended, and
the petitioner could be accommodated in the
said vacancy.
3. However, the learned Government Pleader
upon instructions submitted that so far the
said vacancy has not been sanctioned. The
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WP(C) NO. 37508 OF 2024
petitioner has already submitted Ext.P3
representation before the third respondent,
requesting the petitioner to accommodate her,
in the said vacancy.
After hearing the learned counsel for
the petitioner and the learned Government
Pleader, I am inclined to dispose of this writ
petition. Accordingly, it is ordered that, the
third respondent shall consider Ext.P3
representation and pass appropriate orders
thereon in accordance with law, after hearing
the petitioner and the respondents 5 to 7.
Necessary orders in this regard shall be passed
within one month from the date of receipt of a
copy of this judgment.
sd/-
ZIYAD RAHMAN A.A, JUDGE
R.AV
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WP(C) NO. 37508 OF 2024
APPENDIX OF WP(C) 37508/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDERS OF
THE PETITIONER DATED 24.10.2000
Exhibit P-1(a) TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT EDUCATIONAL OFFICER, PALAKKAD
VIDE NO.B6/2010/03 DATED 26.07.2004
Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2024-25 VIDE NO.B4/742838/2024
DATED 29.07.2024 OF THE DISTRICT
EDUCATIONAL OFFICER, MANNARKAD
Exhibit P-3 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE DEPUTY DIRECTOR
OF EDUCATION, PALAKKAD DATED 21.10.2024
Exhibit P-4 TRUE COPY OF THE G.O (MS) NO.102/2022/
G.EDN DATED 08.06.2022
Exhibit P-5 TRUE COPY OF THE G.O (P) NO.31/2006/
G.EDN DATED 19.01.2006
Exhibit P-6 TRUE COPY OF THE ORDER
NO.DDEEKM/9826/2023 DATED 21.11.2023 OF
THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM
